The prosecutor's appeal is dismissed.

1. The part of the agreement to pay retirement allowances and annual leave allowances among the labor contract between the defendant and F in the summary of the grounds for appeal is null and void at a disadvantage of F, who is a worker, and thus, it cannot be deemed that there is considerable reason for the defendant not to pay retirement allowances and annual leave allowances within a given period on the grounds that there is no ground to dispute the existence and scope of the obligation to pay retirement allowances and annual leave allowances to F.

Therefore, even though the defendant should have the intention to commit the violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act, the court below found the defendant not guilty on the grounds that the defendant did not have the intent to commit the violation of the Guarantee of Workers' Retirement Benefits Act because of considerable reasons for not paying retirement allowances within the deadline, and that the agreement that the defendant should pay monthly salary is valid as a comprehensive wage system agreement, and that the defendant is not obliged to pay the annual salary in addition to the F, the court below erred in the misapprehension of facts

2. The summary of the facts charged in the instant case is that the Defendant is the head of the E Hospital located in the former E Hospital, the North Korean territory of the Republic of Korea, who employs 65 full-time workers and operates the hospital.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and when the worker retires, he/she shall pay the retirement allowances within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the above workplace from March 1, 2010 to August 25, 201, has agreed between the parties to the extension of the payment deadline of F’s retirement allowance of KRW 26,487,010 and annual leave allowance of KRW 6,889,950.